Hit by an Uninsured or Underinsured Driver in Florida: Your Legal Options for Compensation

Florida is notorious for having a high percentage of drivers who operate vehicles without adequate insurance. Unlike many other states, Florida law does not require drivers to carry Bodily Injury (BI) liability insurance to register a standard passenger car. They are only required to carry $10,000 in Property Damage Liability (PDL) and $10,000 in Personal Injury Protection (PIP). Because of this, it is incredibly common to be severely injured in an accident in Jacksonville, Tampa, or Miami, only to discover the at-fault driver has zero coverage to pay for your medical bills, lost wages, and pain and suffering. Navigating this scenario requires a deep understanding of Uninsured/Underinsured Motorist (UM/UIM) coverage and how to strategically pursue a claim.

Understanding UM/UIM Coverage in Florida

Under Fla. Stat. § 627.727, insurance companies are required to offer you Uninsured Motorist coverage when you purchase your policy, though you have the right to reject it in writing. If you accepted it, this coverage steps into the shoes of the at-fault driver. It pays for your bodily injuries as if the negligent driver had a proper liability policy. The Florida Supreme Court has repeatedly emphasized the importance of UM coverage in protecting the public, as seen in pivotal decisions like State Farm Mut. Auto. Ins. Co. v. Laforet, 658 So. 2d 55 (FL Supreme Court 1995), which addressed the obligations of insurers handling UM claims.

The Power of Stacking UM Limits

Florida is one of the few states that allows stacked UM coverage. If you own multiple vehicles insured under the same policy and you selected stacked coverage, you can combine the UM limits of all your vehicles for a single accident. For example, if you have two cars, each with $50,000 in UM coverage, you can stack them to access up to $100,000 in compensation. Stacking is a crucial safety net when dealing with severe injuries caused by an uninsured driver.

Hit-and-Run Drivers Fleeing the Scene

A hit-and-run is legally treated as an accident with an uninsured motorist. If a driver hits your car and flees, you can file a UM claim with your own insurance company. However, you must act quickly. You must report the hit-and-run to law enforcement, usually within 24 hours, and obtain a Form HSMV 90010S, Florida, Department of Highway Safety and Motor Vehicles, Florida Traffic Crash Report. Independent witnesses and dashcam footage are highly valuable in proving that a phantom vehicle actually caused the crash and that you did not simply lose control.

Drivers Who Stay but Carry Zero Bodily Injury (BI) Coverage

Often, the at-fault driver stays at the scene, hands over their insurance card, and seems cooperative. But later, when your attorney contacts their insurer, you receive a letter stating they carry PIP and PDL only. Because they have zero Bodily Injury coverage, they are legally considered an uninsured motorist. In this scenario, after your $10,000 PIP limit is exhausted, your attorney will pivot and file a formal demand against your own UM policy.

Triggering UM Without Suing for Bad Faith Initially

When you file a UM claim, your own insurance company essentially becomes your opponent, trying to minimize your payout. Under Florida law, you cannot immediately sue your insurer for bad faith just because they offer a low settlement. First, you must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services, Tallahassee. The insurer then has 60 days to cure the defect by paying the fair value of the claim. If they fail to do so, and you later win a verdict higher than your policy limits, you may then pursue a bad faith lawsuit.

Step-by-Step Guide to Pursuing a UM Claim

Handling an uninsured motorist claim requires strategy to ensure you do not inadvertently violate the terms of your policy.

Step 1: Maximize Your PIP Benefits

You must seek medical treatment within 14 days to activate your $10,000 in PIP coverage. PIP will pay 80% of your medical bills and 60% of lost wages upfront, regardless of fault.

Step 2: Verify the At-Fault Driver's Insurance

Your attorney will send a formal request for insurance disclosure to the at-fault driver under Fla. Stat. § 627.4137. The driver must reveal under oath exactly what coverage they have, proving they are uninsured.

Step 3: File a Formal UM Demand

Your attorney will compile your medical records, bills, and proof of pain and suffering, and submit a comprehensive demand package to your UM carrier.

Step 4: File a Lawsuit if Necessary

If your UM carrier refuses to pay a fair settlement, your attorney will file a lawsuit. This would be filed in civil court, such as the Hillsborough County Circuit Court, Tampa or the Duval County Circuit Court, Jacksonville.

What Does it Cost to Pursue a Claim?

You do not need to pay out of pocket to fight an uninsured driver or your own UM carrier.

• Contingency Agreements: Florida injury lawyers take cases on contingency. You pay nothing upfront, and the lawyer earns roughly 33.3% to 40% of your settlement.
• Filing Fees: If a lawsuit is required against your UM carrier, civil court filing fees in Florida are generally around $400, which your lawyer will advance on your behalf.

How Long Does a UM Claim Take?

If your injuries are straightforward and your UM carrier operates in good faith, a settlement might be reached in 4 to 6 months after you finish medical treatment. If the carrier disputes your injuries and forces litigation, the process can take 1 to 2 years.

Frequently Asked Questions (FAQ)